Sacramento County District Attorney Jan Scully announced today that a Mendocino County prosecutor who shot a pedestrian during a fight in Sacramento in October has been arrested on misdemeanor counts of carrying a loaded firearm in public and carrying a concealed weapon.
Damon Gardner, 39, was on leave with the Mendocino County District Attorney’s Office at the time of the incident, according to a Sacramento County District Attorney’s Office news release.
About 12:24 a.m. Oct. 17, Gardner got in an argument with a pedestrian near 15th and L streets. The argument escalated into a physical fight, during which Gardner punched the pedestrian in the face with a closed fist, officials said.
The pedestrian and a friend retaliated, forcing Gardner to the ground in a fetal position. A witness reported seeing the pedestrian get on top of Gardner and punch him in the midsection, while his friend repeatedly kicked Gardner’s head like is was a “soccer ball,” according the news release.
Gardner retrieved his .38 caliber handgun from his back pocket while lying on the ground and fired one shot at the pedestrian in self-defense, officials said.
The pedestrian suffered a non-life-threatening gunshot wound. Gardner suffered a fractured nose, as well as bruises to his eyes, head and ribs.
Gardner allegedly had consumed alcoholic beverages at local restaurants and bars beginning at 5:30 p.m. and was under the influence when the fight occurred. Those acts, according to the DA’s office, violated the terms and conditions of Gardner’s permit to carry a concealed weapon, which was issued from Mendocino County in November 2012.
Each count carries a possible penalty of up to one year in county jail and a fine of up to $1,000.